Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Amended Final Results of Countervailing Duty Administrative Review; 2014, 46760-46761 [2017-21589]

Download as PDF 46760 Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Notices asabaliauskas on DSKBBXCHB2PROD with NOTICES producer/exporter chains from the antidumping duty Order: 28 Accordingly, the Department will direct U.S. Customs and Border Protection (CBP) to release any bonds or other security and refund cash deposits pertaining to any suspended entries from the three aforementioned producer-exporter combinations. This exclusion does not apply beyond the three producer-exporter combinations referenced above. We note, however, that pursuant to Timken the suspension of liquidation must continue during the pendency of the appeals process. Thus, we will instruct CBP to suspend liquidation of all unliquidated entries from the three aforementioned producer-exporter combinations at a cash deposit rate of 0.00 percent which are entered, or withdrawn from warehouse, for consumption after August 27, 2017, which is ten days after the CIT’s final decision, in accordance with section 516A of the Act.29 If the CIT’s ruling is not appealed, or if appealed and upheld, the Department will instruct CBP to terminate the suspension of liquidation and to liquidate entries subject to the three producer-exporter combination rates stated above without regard to antidumping duties. As a result of the exclusion, the Department is discontinuing the ongoing fifth administrative review covering the period June 1, 2016, through May 31, 2017, which only pertains to BTIC’s entries during that period of review,30 and the Department will not initiate any new administrative reviews of BTIC’s entries pursuant to the antidumping Order.31 Lastly, we note that, at this time, the Department remains enjoined by Court order from liquidating entries that were exported by BTIC, and were entered, or 28 See Third Remand Redetermination at 8. There continues to be a countervailing duty order covering BTIC’s entries. This countervailing duty order is unaffected by this Timken notice and notice of amended final determination. See High Pressure Cylinders from the People’s Republic of China: Countervailing Duty Order, 77 FR 37384 (June 21, 2012). 29 See Drill Pipe from the People’s Republic of China: Notice of Court Decision Not in Harmony with International Trade Commission’s Injury Determination, Revocation of Antidumping and Countervailing Duty Orders Pursuant to Court Decision, and Discontinuation of Countervailing Duty Administrative Review, 79 FR 78037, 78038 (December 29, 2014) (Drill Pipe). 30 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 82 FR 35749 (August 1, 2017). 31 See Drill Pipe, 79 FR at 78038; see also Certain Steel Nails from the United Arab Emirates: Notice of Court Decision Not in Harmony with the Final Determination and Amended Final Determination of the Less Than Fair Value Investigation, 80 FR 77316 (December 14, 2015). VerDate Sep<11>2014 18:40 Oct 05, 2017 Jkt 244001 withdrawn from warehouse, for consumption during the period December 16, 2011, through May 31, 2016. These entries will remain enjoined pursuant to the terms of the injunction during the pendency of any appeals process. This notice is issued and published in accordance with sections 516A(c)(1) and (e) of the Act. Dated: September 29, 2017. Carole Showers, Executive Director, Office of Policy performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. [FR Doc. 2017–21582 Filed 10–5–17; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–980] Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People’s Republic of China: Amended Final Results of Countervailing Duty Administrative Review; 2014 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) is amending the final results of the countervailing duty administrative review of crystalline silicon photovoltaic cells, whether or not assembled into modules (solar cells), from the People’s Republic of China (PRC) to correct ministerial errors. The period of review (POR) is January 1, 2014, through December 31, 2014. DATES: Applicable October 6, 2017. FOR FURTHER INFORMATION CONTACT: Gene H. Calvert, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: 202–482–3586. SUPPLEMENTARY INFORMATION: AGENCY: Background In accordance with section 751(a)(1) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.221(b)(5), on July 17, 2017, the Department published its final results in the countervailing duty administrative review of solar cells from the PRC.1 On July 28, 2017, 1 See Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, from the PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 Canadian Solar Manufacturing (Changshu) Inc. and its cross-owned affiliates (collectively, Canadian Solar) timely alleged that the Department made two ministerial errors in the Final Results.2 No other parties submitted ministerial error allegations or comments on Canadian Solar’s allegations. Scope of the Order The merchandise covered by this order is crystalline silicon photovoltaic cells, and modules, laminates, and panels, consisting of crystalline silicon photovoltaic cells, whether or not partially or fully assembled into other products, including, but not limited to, modules, laminates, panels and building integrated materials. The merchandise covered by this order is currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) under subheadings 8501.61.0000, 8507.20.80, 8541.40.6020, 8541.40.6030, and 8501.31.8000. While these HTSUS subheadings are provided for convenience and customs purposes, our written description of the scope, which is contained in the Decision Memorandum accompanying the Final Results, is dispositive.3 Ministerial Errors Section 751(h) of the Act and 19 CFR 351.224(f) define a ‘‘ministerial error’’ as an error ‘‘in addition, subtraction, or other arithmetic function, clerical error resulting from inaccurate copying, duplication, or the like, and any other similar type of unintentional error which the Secretary considers ministerial.’’ As discussed in the Department’s Ministerial Error Memorandum, the Department finds that the errors alleged by Canadian Solar constitute ministerial errors within the meaning of 19 CFR 351.224(f).4 Specifically, we made ministerial errors with regard to calculating the benefit Canadian Solar received from the People’s Republic of China: Final Results of Countervailing Duty Administrative Review, and Partial Rescission of Countervailing Duty Administrative Review; 2014, 82 FR 32678 (July 17, 2017) (Final Results) and accompanying Issues and Decision Memorandum (Decision Memorandum). 2 See Canadian Solar Letter, ‘‘Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled into Modules from the People’s Republic of China: Ministerial Error Comments,’’ dated July 28, 2017 (Canadian Solar Ministerial Comments). 3 See the Decision Memorandum for a full description of the scope of the order. 4 See Memorandum, ‘‘Administrative Review of the Countervailing Duty Order on Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, from the People’s Republic of China: Ministerial Error Comments Regarding the Final Results,’’ dated concurrently with and hereby adopted by this notice (Ministerial Error Memorandum). E:\FR\FM\06OCN1.SGM 06OCN1 Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Notices ‘‘Preferential Policy Lending Program,’’ and in calculating the inland freight values when constructing Canadian Solar’s benchmark for programs regarding the provision of inputs for less than adequate remuneration.5 In accordance with section 751(h) of the Act and 19 CFR 351.224(e), we are amending the Final Results.6 Specifically, we are amending the net subsidy rates for Canadian Solar and for the 17 companies for which a review was requested that were not selected as mandatory company respondents (i.e., the non-selected companies).7 The revised net subsidies rates are provided below. Amended Final Results As result of correcting the ministerial errors, we determine that that the countervailable subsidy rates for the producers/exporters under review to be as follows: continues to government business proprietary information in this segment of the proceeding. Timely written notification of the return/destruction of APO materials, or conversion to judicial 17.49 17.49 protective order, is hereby requested. Failure to comply with the regulations 17.49 and the terms of an APO is a 17.49 sanctionable violation. Subsidy rate (percent ad valorem) Company Ningbo Qixin Solar Electrical Appliance Co., Ltd ............ Shanghai BYD Co., Ltd ........ Shenzhen Topray Solar Co. Ltd ..................................... Systemes Versilis, Inc .......... Taizhou BD Trade Co., Ltd .. tenKsolar (Shanghai) Co., Ltd ..................................... Toenergy Technology Hangzhou Co., Ltd ............ Wuxi Suntech Power Co., Ltd ..................................... 17.49 17.49 17.49 17.49 Assessment Rates/Cash Deposits asabaliauskas on DSKBBXCHB2PROD with NOTICES Normally, the Department would issue appropriate assessment instructions to U.S. Customs and Border Protection (CBP) 15 days after the date of publication of these amended final results of review, to liquidate shipments of subject merchandise produced and/or Subsidy rate exported by the companies listed above Company (percent ad entered, or withdrawn from warehouse, valorem) for consumption on or after January 1, Canadian Solar Manufac2014, through December 31, 2014. turing (Changshu) Inc. and However, on August 3, 8, and 17, 2017, 8 its Cross-Owned Affiliates 18.16 and on September 8, 2017, the U.S. Changzhou Trina Solar EnCourt of International Trade (CIT) ergy Co., Ltd. and its preliminarily enjoined liquidation of 9 ... Cross-Owned Affiliates 17.14 certain entries that are subject to the BYD (Shangluo) Industrial 10 Co., Ltd ............................. 17.49 Final Results. Accordingly, the Department will not instruct CBP to Chint Solar (Zhejiang) Co., Ltd ..................................... 17.49 assess countervailing duties on those ET Solar Energy Limited ...... 17.49 enjoined entries pending resolution of ET Solar Industry Limited ..... 17.49 the associated litigation. Hangzhou Sunny Energy The Department intends to instruct Science and Technology CBP to collect cash deposits of Co., Ltd ............................. 17.49 Jiawei Solarchina Co., Ltd .... 17.49 estimated countervailing duties, in the amounts shown above for the Jiawei Solarchina (Shenzhen) Co., Ltd .......... 17.49 companies listed above, on shipments of subject merchandise entered, or Lightway Green New Energy Co., Ltd ............................. 17.49 withdrawn from warehouse, for Luoyang Suntech Power Co., consumption on or after July 17, 2017, Ltd ..................................... 17.49 which is the date of publication of the Final Results. For all non-reviewed 5 See the Ministerial Error Memorandum for a firms, we will instruct CBP to collect complete discussion of these alleged errors. cash deposits at the most-recent 6 See Final Results, 82 FR at 32680. company specific or all-others rate 7 Consistent with the Final Results, for the nonapplicable to the company, as selected companies, we calculated a rate by weightaveraging the calculated subsidy rates of the two appropriate. These cash deposit mandatory respondents (i.e., Canadian Solar and requirements, when imposed, shall Changzhou Trina Solar Energy Co., Ltd. and its remain in effect until further notice. cross-owned affiliates) using their publicly-ranged sales data for exports of subject merchandise to the United States during the POR. 8 See Final Results, 82 FR at 32680. Cross-owned affiliates are: Canadian Solar Inc.; Canadian Solar Manufacturing (Luoyang) Inc.; CSI Cells Co., Ltd.; CSI Solar Power (China) Inc.; CSI Solartronics (Changshu) Co., Ltd.; CSI Solar Technologies Inc.; and CSI Solar Manufacture Inc. 9 Id. Cross-owned affiliates are: Trina Solar Limited; Trina Solar (Changzhou) Science & Technology Co., Ltd.; Yancheng Trina Solar Energy Technology Co., Ltd.; Changzhou Trina Solar Yabang Energy Co., Ltd.; Hubei Trina Solar Energy Co., Ltd.; Turpan Trina Solar Energy Co., Ltd.; and Changzhou Trina PV Ribbon Materials Co., Ltd. VerDate Sep<11>2014 18:40 Oct 05, 2017 Jkt 244001 Administrative Protective Order This notice also serves a reminder to parties that are subject to administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3), which 10 The CIT issued the preliminary injunctions in case numbers 17–00207, 17–00198, 17–00220, and 17–00221, respectively. PO 00000 Frm 00009 Fmt 4703 46761 Sfmt 4703 Disclosure We intend to disclose the calculations performed for these amended final results to interested parties within five business days of the date of the publication of this notice in accordance with 19 CFR 351.224(b). We are issuing and publishing these results in accordance with sections 751(h) and 777(i)(1) of the Act, and 19 CFR 351.224(e). Dated: October 3, 2017. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. [FR Doc. 2017–21589 Filed 10–5–17; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–351–809, A–201–805; A–580–809, A–583–814 and A–583–008] Certain Circular Welded Non-Alloy Steel Pipe From Brazil, Mexico, the Republic of Korea, and Taiwan and Certain Circular Welded Carbon Steel Pipes and Tubes From Taiwan: Final Results of Expedited Fourth Sunset Reviews of the Antidumping Duty Orders Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: Applicable October 6, 2017. As a result of these sunset reviews, the Department of Commerce (the Department) finds that revocation of the antidumping duty orders on certain circular welded non-alloy steel pipe from Brazil, Mexico, the Republic of Korea, and Taiwan and certain circular welded carbon steel pipes and tubes from Taiwan would be likely to lead to continuation or recurrence of dumping. The magnitude of the dumping margins likely to prevail are indicated in the ‘‘Final Results of Sunset Review’’ section of this notice. FOR FURTHER INFORMATION CONTACT: Jacqueline Arrowsmith, AD/CVD Operations, Office VII, Enforcement and DATES: SUMMARY: E:\FR\FM\06OCN1.SGM 06OCN1

Agencies

[Federal Register Volume 82, Number 193 (Friday, October 6, 2017)]
[Notices]
[Pages 46760-46761]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21589]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-980]


Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled 
Into Modules, From the People's Republic of China: Amended Final 
Results of Countervailing Duty Administrative Review; 2014

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (the Department) is amending the 
final results of the countervailing duty administrative review of 
crystalline silicon photovoltaic cells, whether or not assembled into 
modules (solar cells), from the People's Republic of China (PRC) to 
correct ministerial errors. The period of review (POR) is January 1, 
2014, through December 31, 2014.

DATES: Applicable October 6, 2017.

FOR FURTHER INFORMATION CONTACT: Gene H. Calvert, AD/CVD Operations, 
Office VII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone: 202-482-3586.

SUPPLEMENTARY INFORMATION:

Background

    In accordance with section 751(a)(1) of the Tariff Act of 1930, as 
amended (the Act), and 19 CFR 351.221(b)(5), on July 17, 2017, the 
Department published its final results in the countervailing duty 
administrative review of solar cells from the PRC.\1\ On July 28, 2017, 
Canadian Solar Manufacturing (Changshu) Inc. and its cross-owned 
affiliates (collectively, Canadian Solar) timely alleged that the 
Department made two ministerial errors in the Final Results.\2\ No 
other parties submitted ministerial error allegations or comments on 
Canadian Solar's allegations.
---------------------------------------------------------------------------

    \1\ See Crystalline Silicon Photovoltaic Cells, Whether or Not 
Assembled Into Modules, from the People's Republic of China: Final 
Results of Countervailing Duty Administrative Review, and Partial 
Rescission of Countervailing Duty Administrative Review; 2014, 82 FR 
32678 (July 17, 2017) (Final Results) and accompanying Issues and 
Decision Memorandum (Decision Memorandum).
    \2\ See Canadian Solar Letter, ``Crystalline Silicon 
Photovoltaic Cells, Whether or Not Assembled into Modules from the 
People's Republic of China: Ministerial Error Comments,'' dated July 
28, 2017 (Canadian Solar Ministerial Comments).
---------------------------------------------------------------------------

Scope of the Order

    The merchandise covered by this order is crystalline silicon 
photovoltaic cells, and modules, laminates, and panels, consisting of 
crystalline silicon photovoltaic cells, whether or not partially or 
fully assembled into other products, including, but not limited to, 
modules, laminates, panels and building integrated materials. The 
merchandise covered by this order is currently classified in the 
Harmonized Tariff Schedule of the United States (HTSUS) under 
subheadings 8501.61.0000, 8507.20.80, 8541.40.6020, 8541.40.6030, and 
8501.31.8000. While these HTSUS subheadings are provided for 
convenience and customs purposes, our written description of the scope, 
which is contained in the Decision Memorandum accompanying the Final 
Results, is dispositive.\3\
---------------------------------------------------------------------------

    \3\ See the Decision Memorandum for a full description of the 
scope of the order.
---------------------------------------------------------------------------

Ministerial Errors

    Section 751(h) of the Act and 19 CFR 351.224(f) define a 
``ministerial error'' as an error ``in addition, subtraction, or other 
arithmetic function, clerical error resulting from inaccurate copying, 
duplication, or the like, and any other similar type of unintentional 
error which the Secretary considers ministerial.'' As discussed in the 
Department's Ministerial Error Memorandum, the Department finds that 
the errors alleged by Canadian Solar constitute ministerial errors 
within the meaning of 19 CFR 351.224(f).\4\ Specifically, we made 
ministerial errors with regard to calculating the benefit Canadian 
Solar received from the

[[Page 46761]]

``Preferential Policy Lending Program,'' and in calculating the inland 
freight values when constructing Canadian Solar's benchmark for 
programs regarding the provision of inputs for less than adequate 
remuneration.\5\
---------------------------------------------------------------------------

    \4\ See Memorandum, ``Administrative Review of the 
Countervailing Duty Order on Crystalline Silicon Photovoltaic Cells, 
Whether or Not Assembled Into Modules, from the People's Republic of 
China: Ministerial Error Comments Regarding the Final Results,'' 
dated concurrently with and hereby adopted by this notice 
(Ministerial Error Memorandum).
    \5\ See the Ministerial Error Memorandum for a complete 
discussion of these alleged errors.
---------------------------------------------------------------------------

    In accordance with section 751(h) of the Act and 19 CFR 351.224(e), 
we are amending the Final Results.\6\ Specifically, we are amending the 
net subsidy rates for Canadian Solar and for the 17 companies for which 
a review was requested that were not selected as mandatory company 
respondents (i.e., the non-selected companies).\7\ The revised net 
subsidies rates are provided below.
---------------------------------------------------------------------------

    \6\ See Final Results, 82 FR at 32680.
    \7\ Consistent with the Final Results, for the non-selected 
companies, we calculated a rate by weight-averaging the calculated 
subsidy rates of the two mandatory respondents (i.e., Canadian Solar 
and Changzhou Trina Solar Energy Co., Ltd. and its cross-owned 
affiliates) using their publicly-ranged sales data for exports of 
subject merchandise to the United States during the POR.
---------------------------------------------------------------------------

Amended Final Results

    As result of correcting the ministerial errors, we determine that 
that the countervailable subsidy rates for the producers/exporters 
under review to be as follows:
---------------------------------------------------------------------------

    \8\ See Final Results, 82 FR at 32680. Cross-owned affiliates 
are: Canadian Solar Inc.; Canadian Solar Manufacturing (Luoyang) 
Inc.; CSI Cells Co., Ltd.; CSI Solar Power (China) Inc.; CSI 
Solartronics (Changshu) Co., Ltd.; CSI Solar Technologies Inc.; and 
CSI Solar Manufacture Inc.
    \9\ Id. Cross-owned affiliates are: Trina Solar Limited; Trina 
Solar (Changzhou) Science & Technology Co., Ltd.; Yancheng Trina 
Solar Energy Technology Co., Ltd.; Changzhou Trina Solar Yabang 
Energy Co., Ltd.; Hubei Trina Solar Energy Co., Ltd.; Turpan Trina 
Solar Energy Co., Ltd.; and Changzhou Trina PV Ribbon Materials Co., 
Ltd.

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                            (percent ad
                                                             valorem)
------------------------------------------------------------------------
Canadian Solar Manufacturing (Changshu) Inc. and its               18.16
 Cross-Owned Affiliates \8\.............................
Changzhou Trina Solar Energy Co., Ltd. and its Cross-              17.14
 Owned Affiliates \9\...................................
BYD (Shangluo) Industrial Co., Ltd......................           17.49
Chint Solar (Zhejiang) Co., Ltd.........................           17.49
ET Solar Energy Limited.................................           17.49
ET Solar Industry Limited...............................           17.49
Hangzhou Sunny Energy Science and Technology Co., Ltd...           17.49
Jiawei Solarchina Co., Ltd..............................           17.49
Jiawei Solarchina (Shenzhen) Co., Ltd...................           17.49
Lightway Green New Energy Co., Ltd......................           17.49
Luoyang Suntech Power Co., Ltd..........................           17.49
Ningbo Qixin Solar Electrical Appliance Co., Ltd........           17.49
Shanghai BYD Co., Ltd...................................           17.49
Shenzhen Topray Solar Co. Ltd...........................           17.49
Systemes Versilis, Inc..................................           17.49
Taizhou BD Trade Co., Ltd...............................           17.49
tenKsolar (Shanghai) Co., Ltd...........................           17.49
Toenergy Technology Hangzhou Co., Ltd...................           17.49
Wuxi Suntech Power Co., Ltd.............................           17.49
------------------------------------------------------------------------

Assessment Rates/Cash Deposits

    Normally, the Department would issue appropriate assessment 
instructions to U.S. Customs and Border Protection (CBP) 15 days after 
the date of publication of these amended final results of review, to 
liquidate shipments of subject merchandise produced and/or exported by 
the companies listed above entered, or withdrawn from warehouse, for 
consumption on or after January 1, 2014, through December 31, 2014. 
However, on August 3, 8, and 17, 2017, and on September 8, 2017, the 
U.S. Court of International Trade (CIT) preliminarily enjoined 
liquidation of certain entries that are subject to the Final 
Results.\10\ Accordingly, the Department will not instruct CBP to 
assess countervailing duties on those enjoined entries pending 
resolution of the associated litigation.
---------------------------------------------------------------------------

    \10\ The CIT issued the preliminary injunctions in case numbers 
17-00207, 17-00198, 17-00220, and 17-00221, respectively.
---------------------------------------------------------------------------

    The Department intends to instruct CBP to collect cash deposits of 
estimated countervailing duties, in the amounts shown above for the 
companies listed above, on shipments of subject merchandise entered, or 
withdrawn from warehouse, for consumption on or after July 17, 2017, 
which is the date of publication of the Final Results. For all non-
reviewed firms, we will instruct CBP to collect cash deposits at the 
most-recent company specific or all-others rate applicable to the 
company, as appropriate. These cash deposit requirements, when imposed, 
shall remain in effect until further notice.

Administrative Protective Order

    This notice also serves a reminder to parties that are subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which 
continues to government business proprietary information in this 
segment of the proceeding. Timely written notification of the return/
destruction of APO materials, or conversion to judicial protective 
order, is hereby requested. Failure to comply with the regulations and 
the terms of an APO is a sanctionable violation.

Disclosure

    We intend to disclose the calculations performed for these amended 
final results to interested parties within five business days of the 
date of the publication of this notice in accordance with 19 CFR 
351.224(b).
    We are issuing and publishing these results in accordance with 
sections 751(h) and 777(i)(1) of the Act, and 19 CFR 351.224(e).

    Dated: October 3, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-21589 Filed 10-5-17; 8:45 am]
BILLING CODE 3510-DS-P
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